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2009/0081(NLE)

EC/Japan Agreement: cooperation in science and technology

Procedure completed

2009/0081(NLE) EC/Japan Agreement: cooperation in science and technology
RoleCommitteeRapporteurShadows
Lead ITRE REUL Herbert (EPP)
Lead committee dossier: ITRE/7/00529
Legal Basis TFEU TFEU 186-p2, TFEU TFEU 218-p6a-aa
Subjects
Links

Activites

  • 2011/04/06 Final act published in Official Journal
  • 2011/03/09 Act adopted by Council after consultation of Parliament
  • #3074
  • 2011/03/09 Council Meeting
  • 2011/03/09 End of procedure in Parliament
  • 2010/11/23 Text adopted by Parliament, 1st reading/single reading
    • T7-0414/2010 summary
    • Results of vote in Parliament
  • 2010/11/09 Committee report tabled for plenary, 1st reading/single reading
  • 2010/10/26 Vote in committee, 1st reading/single reading
  • 2010/10/11 Committee draft report
  • 2010/09/07 Committee referral announced in Parliament, 1st reading/single reading
  • 2010/07/13 EP officialisation
  • 2010/07/02 Legislative proposal
    • 11363/2010 summary
  • 2010/07/02 Legislative proposal published
    • 11363/2010 summary
    • DG Research and Innovation, GEOGHEGAN-QUINN Máire
  • 2009/12/02 Additional information
  • #2979
  • 2009/11/30 Council Meeting
  • 2009/10/22 Document attached to the procedure
    • 13753/2009 summary
  • 2009/07/29 Initial legislative proposal
    • COM(2009)0298 summary
    • COM(2009)0297 summary
    • DG Research and Innovation, GEOGHEGAN-QUINN Máire

Documents

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2009-07-29
    docs
    body
    EC
    commission
    • DG
      Research and Innovation
      Commissioner
      GEOGHEGAN-QUINN Máire
    type
    Initial legislative proposal
  • date
    2009-10-22
    docs
    • text
      • This document sets out the contents of the Agreement between the European Community and the Government of Japan on cooperation in science and technology. The draft agreement was initialled on 19 February 2009. 

        Scope and principles: the agreements aims to encourage develop and facilitate cooperative activities in the areas of science and technology for peaceful purposes. The cooperative activities shall be conducted on the basis of the following principles:

        • mutual and equitable contributions and benefits;
        • reciprocal access to research and development programmes and projects and facilities for visiting researchers;
        • non-discrimination,
        • the effective protection of intellectual property and
        • equitable sharing of intellectual property rights.

        Forms of cooperation : two types of cooperation are provided for :

        (a) direct cooperative activities may include the following: (i) meetings of experts, to discuss and exchange information on scientific and technological aspects of general or specific subjects and to identify research and development programmes and projects that may be usefully undertaken on a cooperative basis; (ii) exchange of information on activities, policies, practices, and laws and regulations concerning research and development; (iii) visits and exchanges of scientists; (iv) implementation of any other forms of cooperative activities as may be identified, proposed and decided at the Joint Committee;

        (b) indirect cooperative activities, where any person of a Party can participate in research and development programmes and projects, operated by the other Party, its agencies or official institutions, in accordance with the laws and regulations of the other Party.

        Intellectual property rights: scientific and technological information of a non-proprietary nature resulting from direct cooperative activities may be made available to the public by either Party through customary channels and in accordance with the normal procedures of the participating agencies. Intellectual property rights and undisclosed information resulting from, introduced in the course of, or obtained through the cooperative activities under this Agreement shall be treated in accordance with the provisions of Annex II of the Agreement.

        Funding: implementation of the Agreement shall be subject to the availability of appropriated funds and to the applicable laws and regulations of each Party.

        Free movement of researchers: the Agreement makes provision for according to the persons carrying out the cooperative activities all possible facilities with a view to facilitating the free movement and stay of researchers participating in those cooperative activities and to facilitating the entry into and exit from its territory of materials, data or equipment intended for use in those cooperative activities.

        Committee: for the purpose of effective implementation of the Agreement, the Parties shall establish a Joint Committee on Scientific and Technological which shall identify, propose and decide the cooperative activities under the Agreement.

        Annexes : the Agreement includes two Annexes:

        • Annex I deals with the terms and conditions for the participation of persons in research and development;
        • Annex II deals with intellectual property rights and undisclosed information.

        Duration: the Agreement shall remain in force for five years and shall continue in force thereafter unless terminated by either Party at the end of the initial five-year period or at any time thereafter by giving to the other Party at least six months' written advance notice of its intention to terminate the Agreement. It may be amended by mutual consent of the Parties through diplomatic notes exchanged between them.

      type
      Document attached to the procedure
      title
      13753/2009
    body
    CSL
    type
    Document attached to the procedure
  • date
    2009-11-30
    body
    CSL
    type
    Council Meeting
    council
    Justice and Home Affairs (JHA)
    meeting_id
    2979
  • date
    2009-12-02
    text
    • The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

      These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

      In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

      The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

      The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

      In the case of the proposal for a Council Decision aimed at concluding, on behalf of the European Community, an agreement between the European Community and Japan on cooperation in science and technology, the entry into force of the Lisbon Treaty had the following impacts:

      • the old legal basis - Treaty/EC/Art.170, Art.300(2) first para - became Art 186, Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;
      • the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an interinstitutional non-legislative procedure (NLE).
    body
    type
    Additional information
  • date
    2010-07-02
    docs
    • url
      http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=11363%2F10&fc=REGAISEN&srm=25&md=100
      text
      • PURPOSE: to conclude an Agreement between the European Community and Japan on cooperation in science and technology.

        PROPOSED ACT: Council Decision.

        BACKGROUND: the Commission has negotiated, on behalf of the Community, an Agreement on cooperation in science and technology with the Government of Japan. This Agreement was signed by the representatives of the Parties on 30 November 2009 subject to its conclusion at a later date.

        As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community. Consequently, the Agreement should be concluded on behalf of the Union.

        IMPACT ASSESSMENT: no impact assessment was carried out.

        LEGAL BASE: Article 186, in conjunction with point (v) of Article 218(6)(a) of the Treaty on the Functioning of the European Union.

        CONTENT: this Decision aims to approve the Agreement between the European Community and the Government of Japan on cooperation in science and technology on behalf of the European Union. For details of the content of the Agreement, please see the summary of the document annexed to the procedure dated 22/10/2009.

        The proposal also states that as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".

        FINANCIAL IMPLICATIONS: the proposal has no implications for the EU budget.

      type
      Legislative proposal
      title
      11363/2010
    body
    CSL
    type
    Legislative proposal
  • date
    2010-07-02
    docs
    • url
      http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=11363%2F10&fc=REGAISEN&srm=25&md=100
      text
      • PURPOSE: to conclude an Agreement between the European Community and Japan on cooperation in science and technology.

        PROPOSED ACT: Council Decision.

        BACKGROUND: the Commission has negotiated, on behalf of the Community, an Agreement on cooperation in science and technology with the Government of Japan. This Agreement was signed by the representatives of the Parties on 30 November 2009 subject to its conclusion at a later date.

        As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community. Consequently, the Agreement should be concluded on behalf of the Union.

        IMPACT ASSESSMENT: no impact assessment was carried out.

        LEGAL BASE: Article 186, in conjunction with point (v) of Article 218(6)(a) of the Treaty on the Functioning of the European Union.

        CONTENT: this Decision aims to approve the Agreement between the European Community and the Government of Japan on cooperation in science and technology on behalf of the European Union. For details of the content of the Agreement, please see the summary of the document annexed to the procedure dated 22/10/2009.

        The proposal also states that as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".

        FINANCIAL IMPLICATIONS: the proposal has no implications for the EU budget.

      type
      Legislative proposal published
      title
      11363/2010
    body
    EC
    commission
    • DG
      Research and Innovation
      Commissioner
      GEOGHEGAN-QUINN Máire
    type
    Legislative proposal published
  • body
    EP
    date
    2010-07-13
    type
    EP officialisation
  • date
    2010-09-07
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
    • body
      EP
      responsible
      True
      committee
      ITRE
      date
      2010-09-29
      committee_full
      Industry, Research and Energy
      rapporteur
      • group
        EPP
        name
        REUL Herbert
  • date
    2010-10-11
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE428.155
      type
      Committee draft report
      title
      PE428.155
    body
    EP
    type
    Committee draft report
  • date
    2010-10-26
    text
    • The Committee on Industry, Research and Energy adopted, under the simplified procedure, the report drafted by Herbert REUL (EPP, DE) recommending that the European Parliament gives its consent to the conclusion of the Agreement between the European Community and the Government of Japan on cooperation in science and technology.

    body
    EP
    committees
    • body
      EP
      responsible
      True
      committee
      ITRE
      date
      2010-09-29
      committee_full
      Industry, Research and Energy
      rapporteur
      • group
        EPP
        name
        REUL Herbert
    type
    Vote in committee, 1st reading/single reading
  • date
    2010-11-09
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-0302&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A7-0302/2010
    body
    EP
    committees
    • body
      EP
      responsible
      True
      committee
      ITRE
      date
      2010-09-29
      committee_full
      Industry, Research and Energy
      rapporteur
      • group
        EPP
        name
        REUL Herbert
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2010-11-23
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2011-03-09
    body
    type
    Act adopted by Council after consultation of Parliament
  • date
    2011-03-09
    body
    CSL
    type
    Council Meeting
    council
    Competitiveness (Internal Market, Industry, Research and Space)
    meeting_id
    3074
  • date
    2011-03-09
    body
    EP
    type
    End of procedure in Parliament
  • date
    2011-04-06
    docs
    type
    Final act published in Official Journal
committees added
  • body
    EP
    responsible
    True
    committee
    ITRE
    date
    2010-09-29
    committee_full
    Industry, Research and Energy
    rapporteur
    • group
      EPP
      name
      REUL Herbert
links added
National parliaments
other added
  • body
    EC
    dg
    Research and Innovation
    commissioner
    GEOGHEGAN-QUINN Máire
procedure added
dossier_of_the_committee
ITRE/7/00529
geographical_area
  • Japan
reference
2009/0081(NLE)
subtype
Consent by Parliament
legal_basis
stage_reached
Procedure completed
instrument
Decision
title
EC/Japan Agreement: cooperation in science and technology
type
NLE - Non-legislative enactments
final
subject
  • 3.50.20 Scientific and technological cooperation and agreements